SWARNA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order dated 19-9-1992 passed by the learned Sessions Judge, Chamba, exercising the powers of Additional Sessions Judge, Una, in Sessions Case No. 1/92/91, whereby the accused was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 5000.00. In default of payment of fine, the accused has to suffer imprisonment for a period of six months.

(2.) The facts of the case, briefly stated are as under:- Laxmi Devi eunuch was living at Gagret, and Hans Raj had taken one room on rent from her and was living there along with his family members. Laxmi Devi got a paralytic attack six months prior to the occurrence and she was looked after by the family members of Hans Raj and other tenants and neighbours. Vipan Kumar son of Hans Raj used to sleep in the room of Laxmi Devi to extend help to her to go to toilet etc. Swarna accused had come to Gagret on 12-8-1991 and was staying with Laxmi Devi in her room. Laxmi Devi used to say to her tenants and neighbours that accused Swarna was her Chela. On the day of occurrence i.e. 16-8-1991, the accused and Vipan Kumar were sleeping in the room of Laxmi Devi and at about 11.30 p. m. electric supply of the rooms of Hans Raj and Laxmi Devi Went off and fan was also stopped. Hans Raj got up to find out the reason for the non-supply of the electricity. The electric connection in all the three rooms including the room of Laxmi Devi was from her room, Hans Raj shouted as to who had switched off the light and came out of his room. The accused also came out of the room of Laxmi Devi. Mirasi Kaila who was sleeping in the court-yard of the house replied that he had not switched off the light. Immediately, the accused ran away from the seen of occurrence, Hans Raj went to the room of Laxmi Devi, switched on the light of her room and found her lying on her cot with blood oozing out of her mouth and her neck was tied with Parna (piece of cloth). He raised an alarm that Swarna had run away and he be apprehended. Thereafter, Hans Raj came out on the road, called Kanta living nearby and asked her to see Laxmi Devi if she was alive or dead and he himself proceeded to apprehend the accused. He was followed by Vinod Kumar and one Rajinder Kumar and they apprehended the accused near the barrier, brought him to the house of Laxmi Devi and in the way Kanta Devi's husband Ramesh Chand also met them. When they reached the house of Laxmi Devi along with the accused, they found Kanta, Vipan Kumar, Kaila and Dr. Anil Kumar present at the house of Laxmi Devi who informed them that Laxmi Devi was dead. Hans Raj deputed his son Vipan Kumar to go to Amb for informing the relatives of Laxmi Devi, namely, Shanker Dass and he himself went to Gagret for informing the police. On the basis of information supplied by Hans Raj the First Information Report (Ex. PA) was recorded and investigation commenced. Sub Inspector Roda Ram, Station House Officer, Police Station, Gagret went to the seen of occurrence at about 2 a.m. and due to night time, he started the investigation in the next morning. He filled the inquest Report (Ex. PE) and thereafter arrange to send the dead body of Laxmi Devi to the hospital for autopsy. The investigating officer prepared site plant (Ex. PM) recovered one ear ring (Ex. P1) near the cot and took the same in possession through recovery memo (Ex. PB). He recorded the statements of the witnesses and arrested the accused. During the interrogation, on 19-8-1991 the accused made disclosure statement (Ex. PC) in the presence of Punch witnesses, namely, Shankar Dass and Karam Chand. On the basis of the disclosure statement gold chain (Ex. P2) wrapped in a handkerchief was recovered at the instance of the accused from a Bhatti near old Bus Stand, Gagret. After completion of the investigation, charge-sheet was laid before the Sub-Divisional Judicial Magistrate, Amb, who committed the same to the Court of Sessions Judge, Una and ultimately the case was assigned to the Additional Sessions Judge, for trial.

(3.) The accused pleaded not guilty to the charge and claimed to be tried. He contended that the murder was committed by PWs Hans Raj and Vipan Kumar and he was falsely involved by these two persons and other witnesses in this case.